ISLAMABAD - The Judicial Commission of Pakistan (JCP) Friday approved the names of Justice (retd) Sardar Tariq Masood and Justice (retd) Mazhar Alam Khan Miankhel as ad-hoc judges of the Supreme Court for one year, sources said.
The JCP meeting, chaired by Chief Justice of Pakistan/Chairman Commission Justice Qazi Faez Isa, and attended by four senior judges and one retired judge of the Supreme Court, federal law minister, attorney general for Pakistan, and representative of Pakistan Bar Council, was held at the Supreme Court building.
The sources said that Justice Munib Akhtar dissented to appoint Justice (retd) Tariq and Justice Mazhar as ad-hoc, adding that there was no need of ad-hoc judges.
However, the JCP by majority of 8-1 approved Justice Tariq’s name, while Justice Mazhar name was recommended by 6-3 members. Justice Syed Mansoor Ali Shah and Justice Yahya Afridi opposed his name, saying the former judge has already declined. However, the six JCP members said that Justice Mazhar has earlier consented to his appointment as ad-hoc judge. They further said that his consent will again be obtained, the sources said.
The Commission did not discuss the names of Justice (retd) Mushir Alam and Justice (retd) Maqbool Baqir as they have already declined the offer.
Justice Maqbool was initially supportive of the appointment as ad-hoc judge, but withdrew it on Thursday last, citing personal and domestic reasons. Justice Mushir Alam in his letter to Chairman JCP Justice Qazi Faez Isa on July 16 had also regretted to accept his appointment as ad hoc judge, expressing disappointment over the social media campaign that emerged, following the SC Registrar letter to the JCP members regarding the appointment of retired judges as ad hoc judges, as a significant reason for his decision.
CJP Qazi Faez Isa has proposed four retired judges – Mushir Alam, Mazhar Alam Miankhel, Maqbool Baqar and Sardar Tariq Masood for appointment as ad-hoc judges in the apex court in view of SC Registrar note to reduce pendency in the apex court.
According to Registrar note, pending cases and ever-increasing trend of the institution of cases in the Supreme Court, an effective way to ensure that more cases are decided than instituted and to reduce, and hopefully eliminate the cases which are pending adjudication for several years, it would be appropriate to appoint experienced judges as ad hoc Judges of the Supreme Court.”
“Such ad-hoc judges can only be appointed if three years have not expired since their retirement. Luckily, we have a number of very experienced Judges enjoying excellent reputations who may be appointed,” it stated.
According to Article 182 of the constitution; an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.